Subpoenas

Question 1

If subpoena came from judge?

Answer 1

Would have to turn over requested records.

Question 2

If subpoena came from court?

Answer 2

Would have to turn over requested records.

Question 3

If subpoena came from attorney?

Answer 3

I should contact the client first.

If client cannot be reached, assert privilege on behalf of client.

If client wants to waive privilege, have client sign something to that effect.

Question 4

What if therapist thinks release of records could harm client?

Answer 4

Ethical obligation for therapist to tell the client of potential harm. Still up to the client if wants to release.

Question 5

What if there appears to be an exception to privilege (ex. Client is bringing in emotional state into proceeding)?

Answer 5

I should still exert privilege on behalf of client and not release anything until ordered to do so by the court.

Question 6

What if the court orders records for a case involving the client’s job but I have been seeing the client longer than the client has been at the place of employment?

Answer 6

I could advocate for only the term of the client’s employment to be released, not the entire time in therapy. Up to the court to say yes/no.

Question 7

What if I am seeing a couple and/or have a past client who is a couple?

Answer 7

Both must sign waiver of privilege unless the request is court ordered.

Question 8

How can I tell who the subpoena is from?

Answer 8

If it doesn’t explicitly say that it’s from the court or judge, assume it’s from the attorney and assert privilege.

Question 9

What if I am being asked to testify?

Answer 9

First thing to do is consult with a lawyer.